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(영문) 광주지방법원 2017.10.26 2017고단3997
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BMW 320d Motor Vehicle.

On June 30, 2017, while under the influence of alcohol 09:20%, the Defendant driven the said vehicle while driving it at around 09:13% in alcohol level, and continued to drive it on the two-lane road in Gwangju Northern-gu C in the direction of the south-west end along the 1 tea line in the direction of the south-west end, the Defendant continued to drive it at the vicinity of the 4-distance intersection.

At the same time, the first line of the road is the intersection of the street and the first line of the road is a place where the motor vehicles who intend to make a left-hand turn turn turn turn to the left. In such a case, the driver of the motor vehicle has a duty of care to safely operate the steering gear and the brakes by accurately manipulating the steering right and the steering system.

Nevertheless, while the Defendant, while under the influence of alcohol, was trying to speed up the speed of the Defendant’s driving vehicle to drive a U-turn, due to negligence by operating a speed system, not a brake, and thereby, was waiting to turn to the left at the right part of the Defendant’s driving ahead of the right part of the Defendant’s driving, the part of the victim D(W, 30 years old) driving E in order to turn to the left at the right part of the Defendant’s driving direction.

Defendant 1 suffered approximately two weeks of light fluoral fluoral care to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. Reports on each traffic accident;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation concurrent crimes;

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